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Home My WebLink About07-02-15 : IN THE COURT OF COMMON PLEAS IN RE ESTATE OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN G. MOHL : ORPHAN'S COURT DIVISION : NO. 21 -2014-00723 BEVERLY A. DAUM RESPONDENT'S RESPONSE TO PETITIONER'S PETITION FOR RETURN OF ESTATE PRUPERTY NOW COMES the respondent herein, Beverly A. Daum, by and through her counsel, Mark A. Mateya, Esq. of Mateya Law Firm, P.C., and avers that the alleged estate property which petitioner wishes to be returned is already before this Court in Beverly Daum's Notice of Claim to the accounting of the estate herein. That Notice of Claim, which was filed prior to the Petition before the court at this time, includes every item recited herein by petitioner. That Notice of Claim was filed on Apri124, 2015. Once the estate files an accounting,the Claim will either be paid or it will be omitted from the Accounting at which time an objection will be filed and the matter will be resolved before this same court. In light of this i��ct, respondent Beverly Daum requests Petitioner's Petition be denied, or, in the alternative, that the petition be set aside until after the Notice of Claim has been dealt with in this same action, No. 21-2-14-00723. Respondent Beverly A. Daum, by and through her counsel, answers petitioners numbered paragraph Petition as follows: 1 - 8. Admitted. � � 9. Admitted in part and denied in part. The redacted letter which is Pet�ioner's E�rtbit�i `�.,' O c:.... G� p �" :L7 c'� "` �7 attached hereto in full as Exhibit A. When this letter is read in para materia�d�e�-,not�ha�e�eQ �, �, r— ��7 � r— � N ,. - 1=M U�� `,� --�„� t� meaning which Petitioner derives. :� � =�;, -� � c--> c:: -n � KK�= --� 10. Admitted. The Document speaks for itsel£ C� � �Y� � � rn Q _:� ' { N � � �- GJ'1 . '�. 1�ti 17. Denied as stated. This property is in dispute and is a part of the Notice of Claim filed on Apri124, 2015 against the estate as was previously stated. WHEREFORE, Respondent respectfully requests that this I3onorable Court deny this petition or, in the alternative, set aside this petition until after the Notice of Claim is acted upon by the Petitioner/Personal Representative; Respondent also requests Petitioner be ordered to pay reasonable attorney fees in the amount of$500.00 to Respondent's counsel, such as was required to respond to this matter which respondent believes is not ripe for adjudication. Respectfully submitted, � i ' �1 �� i� kV �;�t a�> ti '�- Supreme Court ID 8931 Mark A. Mateya 55 West Church�1ve. Carlisle,PA 17013 (717) 241-6500 Attorney for Respondent - �� ' � _� t ' �> Date: �� " - �°�'f 1111.'�TT911 ' VERIFICATION I verify that the statements made in the foregoing document are true and conect to the best of my knowledge, information and belief, and I understand that the statements made in said document are made subject to the penalties of 18 Pa. C.S. § 4904 rel�ting to unsworn falsification to authorities. � ,, y , , ,, �� 7�;. u�.;;�' �., �r,r rt� Beverly Ann�aum, Petitioner , � _-� �`_ . �; � -- Dated: r - ' ,.�'�u��`� ,' "� Ilf l '�T1911 " CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire,hereby certify that I have served a copy of the foregoing document on the following person(s)by depositing a true and correct capy of the same in the United States Mail, and by way of Hand Delivery to: Jason Kutulakis, Esq. Brandon S. O'Donnell, Esq. 2 West High Street Carlisle, PA 17013 i 4 µ I .��._. i � i � ��y '� ��,_��J. ,� �,r�., �, ;?�, Mark A. Mateya, E, ire 55 W. Church Avenue Carlisle,PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: �l ? �` � -� .�!I III I.'� 1.1111 ` EXHIBIT A �n ui r A ruti E ' . � November 6,2012 . Abom&Kutulakis,LLP � � 2 West High Street . . . � Carlisle,PA 17013 � � . Attn: Kara 1N.Haggecty . . Re: � File No.13-402 � Dear Ms.Haggerty: In response to your request,Premiere Fnancial Center is the institution that 1 have been working with � for a mortgage restructure/modification. Of concern to Mr.Mohl was the removal of his name from the two mortgages. Attachment A is a lette�of Authoriiation from Premiere Financial Center,which Mr. . Mohl signed on lune 23;2012: It clearly states that M.r.Mohl's name would be removed from the Bank of Amertca and Susquehanna Bank martgages when the restructure/modification was�inalized..He was giyen a copy of this letter.. . � � �On July 12,201�,I.requested a�Quit Claim Deed be prepared. In addition to preparing for settlement,I � requested a withdrawal from my retirement account and reteived payment on September 20,2012. On � this date l also received a call from Premiere Financial Center informing me that they.needed a signed and notarized copy of the Quit Claim D'eed'in my name`only,to complete and finalize the modificatian negotiations with both mortgage companies. The deadiine for receipt of said deed was October 9,2012. .Knowing that Mr:Mohl as generally uncaoperative and difficult to deal with,plus the fact that he takes � pleasure in haras5ing me,I had requested of Premiere Fnancial Center that they send me their request � in writing,so I could validate to Mr.Mohl that the deed did,in€act,have to be signed. On September 26,2012,I contacted Mr.Mohl and asked that we go to a notary,sign the deed ar�d i would pay him the amount,he requested. Mr: Mohl stopped by the�house,read the letter from . _ ' Premiere Financiai Center,which I have inciuded�as Attachment B,refused to go to the notary and _ settle,and stated that he wanted an additional$10,OD0 and that he had the right to know all the terms of my loan mod fcations. . - � ' � From September 26,2012 until the deadline of Octaber 9,2012,I had not tieard from Mr.Mohl,so i � made one last attemptto eontact him by phone at 11:30 AM on that date. My message requesteci a •�return call to me by 2:00 PM to.let me knaw if he would settle and accept the terms he requested when � �he moved out on�March 16,2012. He called me at 12:30 PM and said"No:' � �1 am providing factua!and realistic financial information that is relevant to my proposal and how 1 have amved at what I feei is a reasanable settlement. . . � • . Initial cost to build home$875,700 ' •� Value according to an appraisal done December 10,2009 $576,000 � � • Cumberland County Assessment effective June 14,2012. $636,000 • . •; Mortgage balances: ��Total$515,659.77 . . . o Band of Amer�ca $478,825.32 . . . . . � o ,Susquehanna Bank $ 36,834.45 � � •.�m ni r ,a rnn + � Loss in real estate marketvalue: � ' • Cost to build minus appraised value ($249,700) .302.4 percent of loss � • Cost to buiid minus counry assessment ($189,700) .23 percent of loss : Average of.3024 and.23 percent � .27 percent loss � Mr.MohPs rash investmerrt at settlement was$30,000.00. Applying the 27 percent loss in value for the � real estate($8,100.Q0)reduces this amount to$21,900.00. Since Mr.Mahl has not provided me with his • 5096 toward the mortgage payments,as of November 1,2012 he is currently in aRears in the amount of $20,791.53.This amount is calculated from the monthly martgage amount of$4,620.34 divided by 2 ($2,310.17)for 9 monthly payments. The outstanding balance;and therefore my offer,is$1,108.47. � Furth�r,as part of this agreement and subsequent settlement,Mr.Mohl agrees.to claim only 5096 of the mortgage interest for lanuary and February 2012 on his 20121ncome Tax Retum. These are the only two.months for which he contributed toward the monthly mortgage payments. This is requested in . � written format and witnessed by council or a notary. interest amounts are as follows: . � Bank of America � - •. January$2,601.34 . February$2,597:40 - • Tota)$5,198.74 @ 50%(Mr.Mohl's share to claim for Bank of Ame�ica$2,599.37� Susquehanna Bank . � . � . • January$216.02 February$214.45 � � •: Total$430.47 @ 50 96(Mr.MohPs share to claim for Susquehanna Bank$21524) � The following persanal property belonging to Mr.Mohi cunently lacated in the garagearea at id9 � � ' Willow Lake Drive,Ca�lisle,PA 17015,is to be removed from said address prior ta dete of settlement: • 8=N Ford Tractor. � � • Kubota Tractor with mower and backhoe � . ' •. .Yard-Man Push mower . • Ariens Snow Blower . • . Huskee Log Spl'rtter� , • Ladders � . •�. Pair of car ramps . . - � � Sincerely, � t .�Q,(l.rr� ; . , Beverly A.Daum� ". . �. Attachment A Letter of Authorization,Premiere Financial Cerrter . . Attachment B: Letter from Premiere Fnancial Center requesting Quit Ciaim Deed � .�o iu r, � r°�en . L��TE� �F A+�.ITHURIZATI{�T�1 , Le�al lassisted Horne Savcr Prc��r�rnr � ; , j .....: .... ., ........... ... . — ,......... i t � � . .. . .. � .... � t . 4 . .�� J� I��... � r� � � i (,...i{ � . .� = i�343 Sc�utl�Bris�czl Si.�t�ite#}2�6 � � Santa�na,C:i�9270� � � €':71�-6�13-8098 - i F:71�-�$7-5816 � On tllis dav a�f[G 1]9 i 2012 ] UW�, 1(�I TN G.MOHI..,�1I�ID BL:VI:C��L�' t1,D11UM hereby au��arir.e: i 1 � PrenYier�Financi�t Center,ta en�a�� in diseussic>n and �e�lement rlc�otialions regarding my/our � mt�rtgage(s}with the #'c�llc��vir��mort��a�e Cc�mpany(ies) listed hereinafiter in�tl��irrCarmatiort boxes ; contained beiaw. Thc adc�re.�s c�f the prap�r�y in discussic�n is pr�avid�d in t��e t�oxes i�e�•eunder: � �.... ; � 3 . ..�_..�..d...... _ � . �.� ..,...�.va.�..,..._ .. . .ef � ' �"� mQu-rc:�c�:eo��r��: �A�r�caF nn��c1�� L(�t1N Nl1iYTSER. __�__ 022�06qt}G .--._,__ .. ( 2`�'�'lOR'I°CAGG COMPAt�Yc SUSQti�:H,11w1NA ___.. __ __ � LOA[�NG€�iBEit: 13I�82 � ______ .___. _w_�__._..._..��_ ._ � � �un��OR'i'GAGECt3MPA1�1Y': �!!t� _.,._.__..._....__ ! I,flAN l�t£l�1B�}tc '�'l� � ._.... � �_.._ ....� .� _ �_t � .�._.�.�. ��....�.� __ � � ° Fit)RItO�'4'ER IYA�E: ,It3}iN G.14'I{?I1L(re��uivc Cram la:�n} � ____ __..,..,��_ __� � SQe�tli,SEGUttt'fY NCTMB�ER: �'R�PER'I'�'A!}[7Rk:SS: 10�1�'1L,i3Ot'1'LA�.i; C3�t Ci"TY: �ARt�tSLE _.__ �. _._...__.___.._ �_.� STATE: Pr� � 7t�'C+OAF: ITE}�15-91G4 _ C't)-Bt3RROW�R i�iA2�IE: BEVERLY rA.I?AL)�4(�raskc primary bnrru�ve�} __ _ �_._.. __..... SOCtAL SECUR3TY NUM�&;R: - ; ___ s rrroQ��nr�,rai�u�ss: �o�w��,�.ow ►a��:�=; r��z � !�'ETY: fiARt�ISI..E �..�..�.. __... � STA'CE: Pt1 I, _..._ �_ _ � � 7I!'CUU�: 17E�15-91b4 - ' � . I� ,.-, � t �� '�� r; a �� . �'�'7 `'=`�-��.j./,P ��/j:.. ,�f.. �`1�.,,./ .�'f,��i�'�'�' � '�4�.,=;'�/' �.� � , �,.✓�r�. ,...'�(s"��. Borrow�ture Date C�—�#orrtssver•:�a�;n:�tur��-�—e _— I"l�tte � !u i-.A_r.�en , _oai2o�2oiz i1:19A�t FA7L �J`/A�m�� 000ii000i /7?T' r . � September 19,2p12 ; PREMIERF FINON['�o� rtn�no • Dear, � 8everly Daum you file is 3n processing in tine for modiflcation before we can proceed t�o finalize your modification we wili need the following documerits from you(listed below).We need ta receive these docur��W'sr.a t:::�z r„��r�uc ta;rnrescorand tenderguidelines that need to be met in order#o proceed.Please call us if you have any questions(888}83�,8g54, • Requesting a copy of your QUI'T CLAtM DEEp . � Premiere 6inanciat Center � - �